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1997 Supreme(Bom) 112

S.S.NIJJAR
Adi S. Mehta – Appellant
Versus
Adil G. Illava – Respondent


JUDGMENT - S.S. NIJJAR, J.:---The plaintiff has filed this suit for a declaration that the defendant is a tresspasser in respect of the suit flat and has no right, title or interest therein or to continue to use the same. He further prayed that the defendant be ordered to forthwith quit and vacate the suit flat; remove his belongings lying there, and to hand over the same to the plaintiff. A claim for recovery of Rs. 7 lakhs as mesne profits is also made. It is further prayed that the defendant be directed to pay a sum of Rs. 20,000/- per month from February, 1995 onwards as mesne profits till the date the vacant possession is handed over to the plaintiff. Appointment of Receiver of the suit flat is prayed for as an interim measure. A prayer for injunction is also made.

2.This Notice of Motion has been taken out for the appointment of a Receiver of the suit flat with power to take possession of the flat from the defendant and put the plaintiff in possession of the suit flat on such terms as this Court deems fit and proper. Prayer for injunction as against the defendant is also made. Claim of mesne profits in the sum of Rs. 20,000/- has also been made.

3.In the year 1950 one Shavaks






































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